Multifamily Housing Development Programs Cost ......Multifamily Housing Development Programs Cost...

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Multifamily Housing Development Programs Cost Certification Guide July 1, 2017 Maryland Department of Housing and Community Development Community Development Administration 7800 Harkins Road Lanham, Maryland 20706 (301) 429-7854 Phone (800) 543-4505 Toll Free (800) 735-2258 TTY www.mdhousing.org Lawrence J. Hogan Jr., Governor Boyd K. Rutherford, Lt. Governor Kenneth C. Holt, Secretary Tony Reed, Deputy Secretary

Transcript of Multifamily Housing Development Programs Cost ......Multifamily Housing Development Programs Cost...

Page 1: Multifamily Housing Development Programs Cost ......Multifamily Housing Development Programs Cost Certification Guide July 1, 2017 Maryland Department of Housing and Community Development

Multifamily Housing Development

Programs

Cost Certification Guide

July 1, 2017

Maryland Department of Housing and Community Development

Community Development Administration

7800 Harkins Road

Lanham, Maryland 20706

(301) 429-7854 Phone

(800) 543-4505 Toll Free

(800) 735-2258 TTY

www.mdhousing.org

Lawrence J. Hogan Jr., Governor

Boyd K. Rutherford, Lt. Governor

Kenneth C. Holt, Secretary

Tony Reed, Deputy Secretary

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MARYLAND DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

TABLE OF CONTENTS

1 INTRODUCTION ............................................................................................................................................. 1

2 DEFINITIONS .................................................................................................................................................. 3

2.1 CHANGE ORDER ................................................................................................................................................ 3

2.2 COMPLETION DATE ........................................................................................................................................... 3

2.3 CUT-OFF DATE ................................................................................................................................................. 3

2.4 DRAW REQUEST ............................................................................................................................................... 3

2.5 DRAW SCHEDULE .............................................................................................................................................. 3

2.6 FIELD PROGRESS MEETING .................................................................................................................................. 3

2.7 FINAL CLOSING ................................................................................................................................................. 4

2.8 INITIAL CLOSING................................................................................................................................................ 4

2.9 LOAN DOCUMENTS............................................................................................................................................ 4

2.10 NOTE .............................................................................................................................................................. 4

2.11 SOFT-COST ...................................................................................................................................................... 4

2.12 SUBSTANTIAL COMPLETION ................................................................................................................................. 4

3 COST CERTIFICATION REQUIREMENTS ........................................................................................................... 5

3.1 PURPOSE ......................................................................................................................................................... 5

3.2 COST CERTIFICATION.......................................................................................................................................... 5

3.3 AUDIT AUTHORIZATION ...................................................................................................................................... 6

3.4 AUDIT SCOPE AND COVERAGE ............................................................................................................................. 6

3.5 AUDIT STANDARDS ............................................................................................................................................ 6

3.6 BOND FINANCING ............................................................................................................................................. 7

3.7 GENERAL ......................................................................................................................................................... 7

4 FORMAT OF COST CERTIFICATION PACKAGE ................................................................................................. 8

4.1 COST CERTIFICATION PACKET .............................................................................................................................. 8

4.2 REFERENCE MATERIALS ...................................................................................................................................... 8

4.3 ELIGIBLE COSTS ................................................................................................................................................. 8

5 CONTRACTOR’S COST CERTIFICATION ......................................................................................................... 10

5.1 REQUIREMENTS .............................................................................................................................................. 10

6 MORTGAGOR’S COST CERTIFICATION .......................................................................................................... 11

6.1 REQUIREMENTS .............................................................................................................................................. 11

6.2 MORTGAGOR’S CERTIFICATE OF ACTUAL COST ...................................................................................................... 11

6.3 BALANCE SHEET .............................................................................................................................................. 11

6.4 OPERATING STATEMENT ................................................................................................................................... 12

7 IDENTITY OF INTEREST RELATIONSHIPS ....................................................................................................... 13

7.1 DEFINITION .................................................................................................................................................... 13

7.2 APPROVAL FOR IDENTITY OF INTEREST SUBCONTRACTORS ....................................................................................... 13

7.3 ELIGIBLE COSTS FOR IDENTITY OF INTEREST RELATIONSHIP ...................................................................................... 14

APPENDIX A: CDA FORM 406 .................................................................................................................................. I

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APPENDIX B: CDA FORM 101 ................................................................................................................................. II

APPENDIX C: EXAMPLE OF MORTGAGOR’S COST CERTIFICATION ......................................................................... III

APPENDIX D: EXAMPLE OF INDEPENDENT AUDITOR’S REPORT .........................................................................XVII

APPENDIX E: CDA FORM 202 ............................................................................................................................. XXIII

APPENDIX F: CDA FORM 212 ............................................................................................................................ XXIV

APPENDIX G: CDA FORM 215 ............................................................................................................................ XXV

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1 Introduction

The Department of Housing and Community Development (DHCD) administers a variety of

State and federal programs that finance the development of affordable rental housing. These

programs include, but are not limited to, the Low Income Housing Tax Credit (LIHTC), the Rental

Housing Program (RHP), Rental Housing Works (RHW), the Partnership Rental Housing Program

(PRHP), the HOME Investment Partnerships Program (HOME), and the Multifamily Bond

Program (MBP).

While there are variations between these programs based on the underlying source of funds,

State and federal requirements applicable to specific funding sources, and State policy goals,

DHCD seeks to align many of the administrative processes that accompany these programs. This

alignment makes these programs more user-friendly and contributes to operating efficiencies

for DHCD and its partners, including owners, investors, and managers of properties financed by

DHCD resources.

This document is one of three (3) publications that specifically address policies and procedures

for disbursing and tracking funding for affordable rental housing developments financed by

DHCD. The three (3) documents are:

1) Guide to Project Development Costs

2) Guide to Draw Procedures

3) Cost Certification Guide

Together, these documents were developed to provide borrowers/mortgagors, general

contractors, and certified public accountants with important information to assist them in the

preparation and submission of draw requests and cost certifications following completion of

multifamily rental projects. These documents serve as a complement to the Multifamily Rental

Financing Program Guide (the “Guide”) and Qualified Allocation Plan for Low Income Housing

Tax Credits (the “QAP”). To the extent there is any conflict between these documents and the

QAP and Guide, the QAP and Guide shall prevail. Additionally, these documents complement

but are not a substitute for federal and state laws and regulations.

Because of the complexity of the rules governing DHCD’s multifamily rental financing

programs, all participants are urged to seek appropriate legal and accounting advice

regarding construction-related matters, draw requests, cost certifications and other

matters associated with the disbursement of DHCD funding. Borrowers/mortgagors

and general contractors may engage accounting and legal representation of their

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choice without DHCD approval, and are urged to do so at an early stage in the

processing/underwriting of DHCD financing.

All questions regarding this document should be directed to Alvin Lawson, Multifamily

Construction Finance Team Leader via email at [email protected], via phone at 301-

429-7718, or by mail to DHCD at 7800 Harkins Road, Lanham MD 20706.

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2 Definitions

The Department classifies project development costs into seven (7) primary categories which

are listed below. These categories are used in the Department’s underwriting and financial

review, and various Departmental forms (i.e. Forms, 202, 406 and 101) are organized

accordingly. The 7 categories are:

1. Construction or Rehabilitation Costs

2. Fees Related to Construction or Rehabilitation

3. Financing Fees and Charges

4. Acquisition Costs

5. Developer’s Fee

6. Syndication Related Costs

7. Guarantees and Reserves

Definitions of key terms used throughout this document are provided below.

2.1 Change Order A “hard cost” change order is any amendment or modification of the Construction Contract

Documents approved by DHCD and occurring after the Initial Closing. A “soft cost” change order

amends or modifies any other item in the approved development budget.

2.2 Completion Date The Completion Date specified in the Construction Contract.

2.3 Cut-off Date One Hundred Twenty (120) days from Substantial Completion.

2.4 Draw Request A request for disbursement of the Loan proceeds and/or any other funds the Project prepared by

Borrower and delivered to CDA.

2.5 Draw Schedule A schedule prepared by Borrower and delivered to CDA at initial closing showing the amount

Borrower anticipates drawing and the anticipated date of each draw during the Construction of

the Project.

2.6 Field Progress Meeting

Monthly meetings among CDA, the Borrower, General Contractor, Architect and such other

parties.

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2.7 Final Closing The date on which the final principal amount of the Loan(s) is finally accepted and approved by

DHCD.

2.8 Initial Closing The date of the initial closing of the Loan(s).

2.9 Loan Documents The Note, the Deed of Trust, the Regulatory Agreement, and any other instrument or agreement

evidencing or securing the CDA/DHCD Loan(s); including any certificate or other document

executed and delivered in connection with the Loan.

2.10 Note The Borrower's Deed of Trust Note to CDA/DHCD in the principal amount of the CDA/DHCD Loan,

secured by the Deed of Trust, evidencing Borrower's obligation to repay the CDA/DHCD Loan and

specifying the terms of repayment.

2.11 Soft-Cost “Fees Related to Construction or Rehabilitation” and “Financing Fees and Charges.”

2.12 Substantial Completion The date when (a) the rehabilitation or construction and equipping of the Project has been fully

completed in a good and workmanlike manner and according to the Construction Contract

Documents, in full compliance with all applicable Legal Requirements of any Legal Authority,

except for punch list items approved by DHCD; (b) all certificates of use and occupancy have been

issued by all appropriate Legal Authorities for every unit in the Project; and (c) the Inspecting

Consultant or Architect has issued an AIA Form G-704 (Architect's Certificate of Substantial

Completion).

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3 Cost Certification Requirements

3.1 Purpose This Guide sets forth (a) the standards to be followed in the preparation of Cost Certifications

and in the conduct of the audits, and (b) the minimum scope of audit and report format

acceptable to DHCD. It does not provide detailed audit procedures nor is it intended to supplant

the Certified Public Accountant’s (CPA’s) judgment as to the work required. This Guide is

applicable to audits of mortgagors’, contractors’, and subcontractors’ cost certifications as

required for multi-family housing developments financed by DHCD.

The purpose of the cost certification is to establish the total costs incurred by the mortgagor

and the contractor to complete the project so that DHCD may determine at Final Closing the

total development cost of the project, the final principal amount of the DHCD loan(s), and the

mortgagor’s equity in the development.

Adequate records must be maintained for three years following Substantial Completion for the

purpose of verifying costs. All books and records, contracts, invoices, receiving reports,

particulars of material, labor and equipment entering into the construction of the project, and

other records appropriate to such accounts must be made available to DHCD for inspection and

copying upon request.

3.2 Cost Certification Within 180 days of Substantial Completion (60 days past cut-off date), the Borrower, the General

Contractor, and all subcontractors with an identity of interest to the Borrower or the General

Contractor shall submit to CDA a cost certification of the actual costs for construction and

development of the Project. The cost certification shall be performed by a CPA. DHCD may, at its

option, audit and inspect the Borrower's and General Contractor's books and records for the

purpose of verifying the Borrower's certification of costs.

Consistent with Section 42(m)(2) of the Internal Revenue Code and industry best practices,

DHCD limits the award of LIHTC and other State controlled resources to the funding gap

necessary to make a transaction viable. Even if a specific line item is not being paid with LIHTC

equity or DHCD funds, any excessive cost, regardless of the source of financing, increases the

gap and affects the public subsidy needed by a transaction. As a result, DHCD reserves the right

to require a justification of any development cost line item.

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3.3 Audit Authorization The CPA must be independent within the meaning of the code of professional ethics of the

American Institute of Certified Public Accountants (AICPA). The audit engagement letter or

arrangement for audit must provide that the CPA shall satisfy the requirements of DHCD and all

other lenders.

The audit engagement letter or arrangement for audit between the CPA and mortgagor,

contractors and any subcontractors required to cost certify must allow duly authorized agents

of DHCD to examine the CPA’s working papers supporting the required Cost Certifications.

Where Government Auditing Standards apply, the CPA must meet the auditor qualifications of

Auditing Standards, including the qualifications of Independence and continuing professional

education.

3.4 Audit Scope and Coverage The objectives of the audit are to determine whether the project costs incurred are eligible

under the terms of the applicable contracts and in accordance with DHCD policies as identified

in this Guide.

The audit work must be sufficiently comprehensive in scope to permit the expression of an

opinion on the certificates of actual cost and the required financial statements, and must be

performed in accordance with generally accepted auditing standards and audit requirements.

The opinion submitted by the CPA should be an unqualified opinion addressed to DHCD. If

either a qualified or adverse opinion is expressed or if an opinion is disclaimed, such opinion

shall not be acceptable to DHCD unless the reasons therefore are fully explained in the audit

report to the satisfaction of DHCD and unless DHCD is otherwise satisfied that the certificates of

actual cost and the financial statements comply with this Guide.

Sufficient audit work must be performed for the CPA to conclude whether the costs incurred

were eligible under the terms of the contracts and this guide and are reasonable, ordinary, and

necessary expenses and directly related to the construction and development of the project.

3.5 Audit Standards The audit work must be performed in accordance with auditing standards established by the

General Accounting Office in its publication, Standards for Audit of Governmental

Organizations, Programs, Activities and Functions as such standards pertain to financial and

compliance examinations and the generally accepted auditing standards established by the

AICPA.

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The certification of actual costs must be based on an audit made in accordance with generally

accepted auditing standards and include tests of the accounting records and such other

auditing procedures considered necessary by the auditor.

3.6 Bond Financing In the event that the project is financed in whole or in part with the proceeds of tax exempt

bonds issued pursuant to Section 142 of the IRC, certain restrictions and limitations apply with

respect to the costs or the portions thereof which are includable in the total development cost.

Such restrictions and limitations shall control in the event of any conflict or inconsistency with

any other provisions of this Guide.

3.7 General The CPA may encounter instances of apparent fraudulent reports or statements to DHCD

concerning the project, or irregularities such as defalcations related to the project, the payment

of gratuities to federal, state or city employees, or statements otherwise in violation of

applicable federal or State law. In such instances, the CPA shall advise the highest possible

official of the mortgagor or contractor (or subcontractor) entity of the possible irregularity, and

shall obtain documented assurance, prior to issuance of the audit report, that the mortgagor or

contractor as appropriate has fully disclosed the particulars of the possible irregularity to DHCD,

and shall confirm with DHCD that such disclosure has been made.

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4 Format of Cost Certification Package

4.1 Cost Certification Packet A complete packet consists of the following:

A. Mortgagor’s Cost Certification prepared by the CPA, which includes:

1. Independent Auditor’s Report/Cover Letter

2. CDA Form 101: Mortgagor’s Certification of Actual Cost (See Appendix B)

3. A detailed schedule of Costs to support CDA Form 101

4. Balance Sheet

5. Operating Statement

B. Independent Auditor’s Report/Calculation of LIHTC, if applicable

C. Contractor’s Cost Certification

D. Identity of Interest Subcontractor’s Cost Certification, if applicable (See section 7 for

more information)

All of the above items must be audited and/or prepared by an independent CPA.

A sample Mortgagor’s Cost Certification is included in Appendix C for reference. A sample

Independent Auditor’s Report is included in Appendix D for reference.

4.2 Reference Materials The following documents should be reviewed by the CPA in conjunction with the cost

certification review:

1. CDA Form 406, Draw Request and Supporting Documentation 2. CDA Form 202, Financial Analysis 3. CDA Form 212, Summary Construction Cost Estimate 4. CDA Form 215, Detailed Construction Cost Estimate 5. Construction Contract 6. CDA Form 404, Request for Construction changes (approved Change Orders) 7. Commitment Letter(s) for DHCD Loan(s) 8. Building Loan Agreement(s) for DHCD Loan(s) 9. Regulatory Agreement(s) for DHCD Loan(s) 10. Owner/Architect Agreement 11. Multifamily Rental Financing Program Guide 12. Any other documents considered relevant by the CPA

4.3 Eligible Costs Eligible costs are those approved costs that have been or will be incurred within one hundred

twenty (120) days after the date of Substantial Completion. These costs are determined after

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deduction of all kickbacks, rebates, adjustments, discounts, and promotional or advertising

allowances.

The eligible costs may include all costs paid in cash under the terms of the construction

contract. The contract price may be amended for approval change orders, and reduced for

liquidated damages as required by the contract. In addition, the eligible costs may include

various Fees, Finance and Carrying Charges, and other cost categories as identified in the CDA

Form 202, Financial Analysis and CDA Form 406, as well as, the Form of Draw Requests. The

various cost categories are controlled by fee schedules, contracts, and in some cases, are based

solely on actual cost.

The eligible cost categories are defined more specifically in DHCD’s Guide to Project

Development Costs. Draw procedure requests are discussed in detail in DHCD’s Guide to Draw

Procedures.

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5 Contractor’s Cost Certification

The Contractor’s Cost Certification shall include all costs incurred in the performance of the

construction contract that have been paid for in cash by the contractor or will be paid for within

one hundred twenty (120) days from Substantial Completion. The allowable costs include trade

items, general requirements, builder’s overhead, builder’s profit, bond premium, and

miscellaneous labor and materials. All costs are reported for actual amounts paid or to be paid

exclusive of kickbacks, rebates, credits, trade or cash discounts, or other similar payments

received or to be received by the contractor.

5.1 Requirements The Contractor’s cost certification packet consists of the Contractor’s Certificate of Actual Cost,

the auditor’s statement, and the schedule of payees.

The Contractor’s Certificate of Actual Cost is used to summarize trade item costs within the

construction contract. The various trade items are identical to those that comprised the Detail

Cost Estimate and Trade Payment Breakdown as approved during the underwriting phase (see

CDA Forms 212 and 215). The CPA must enter the total costs for each trade item paid or to be

paid in cash up to one hundred twenty (120) days from Substantial Completion, which will be

considered the cut-off date for costs permitted by CDA. The CPA must prepare a schedule of

payees for each trade item. The schedule must summarize the actual costs paid or to be paid

for labor, materials, and subcontracts that compose the total cost for a particular line item.

The CPA’s statement or certification must represent that appropriate examinations of the

books and records have been made which will allow the CPA to form an independent opinion as

to whether the costs are reasonable and necessary.

The statement must indicate that the examination was made in accordance with generally

accepted auditing standards and procedures considered necessary.

The statement must state the amounts that fairly represent the actual cost, and that the

amounts paid and to be paid are stated as of a particular cut-off date.

The auditor must state that there is no financial interest existing between them and the

contractor other than the practice of their profession.

The certified costs will be reviewed by DHCD to determine that they are reasonable and

necessary in terms of the contract documents and conform to DHCD’s lending practices.

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6 Mortgagor’s Cost Certification

The mortgagor’s cost certification shall include all costs incurred in the development of the

project that have been paid for in cash by the mortgagor or will be paid for up to one hundred

twenty (120) days from Substantial Completion. All costs are reported for actual amounts paid

or to be paid exclusive of kickbacks, rebates, credits, trade or cash discounts, or other similar

payments made to the mortgagor, or any related financial interest of the mortgagor.

6.1 Requirements The mortgagor’s cost certification package consists of the items listed in Section 4.1 above.

The CPA’s statement or certification must represent that appropriate examinations of the

books and records have been made which will allow the CPA to form an independent opinion as

to whether the costs are reasonable and necessary.

The statement must indicate that the examination was made in accordance with generally

accepted auditing standards and procedures considered necessary.

The statement must indicate the amounts that fairly represent the actual cost and that the

amounts paid and to be paid are of a particular cut-off date.

The auditor must state that there is no financial interest existing between them and the

mortgagor other than the practice of their profession.

The certified costs will be reviewed by DHCD to determine that they are reasonable and

necessary in terms of the contract documents and conform to DHCD’s lending practices.

6.2 Mortgagor’s Certificate of Actual Cost The CDA Form 101, Mortgagor’s Certificate of Actual Cost, is used to summarize the various

fees, financing, and carrying charges associated with the development; in addition to the

construction costs and other costs relevant to developing the project. The format utilizes the

same cost categories as the CDA Form 202 and 406. The CPA must enter the actual total costs

for each line item paid or to be paid within one hundred twenty (120) days from Substantial

Completion. The CPA must provide a schedule of payees for each cost category. The schedule

must summarize the cost breakdowns for each category.

6.3 Balance Sheet An audited Balance Sheet for the mortgagor entity must be submitted.

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The Balance Sheet must state short term liabilities which must be reconciled with the payables

shown in CDA Form 101: Mortgagor’s Certificate of Actual Cost. The mortgage payable must

agree with the amount of advances.

6.4 Operating Statement If there has been occupancy during the construction period, an audited operating statement is

required. All income generated from the project’s operations including residential and

commercial income must be reported on an accrual basis.

The period to be covered is from first occupancy to no more than one hundred twenty (120)

days after Substantial Completion. In rehabilitation projects where occupancy is continuous,

the income stream would start at Initial Closing and close at no more than one hundred twenty

(120) days after Substantial Completion.

The Operating Statement must show the actual dates reflected and it must identify all sources

of income such as residential, commercial laundry facilities, and other miscellaneous income.

Normal operating expenses should be categorized as Administrative, Maintenance, and Utilities

in accordance with the CDA Form 202, Financial Analysis. Any expenses attributable to debt

service, such as interest, taxes, and/or property insurance, and mortgage insurance premium

are not allowable as an operating expense. In addition, depreciation cannot be treated as an

expense and is not to be included in the statement.

Any net interim income is treated as a source of funds in the Mortgagor’s Cost Certification.

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7 Identity of Interest Relationships

7.1 Definition An identity of interest relationship exists where: (a) any financial interest exists between two or

more entities; (b) an officer or director of one entity is also an officer or director of another

entity; (c) one entity advances funds to another entity; (d) there exists any side deals,

agreements, or contracts other than those contained in the loan documents; (e) a family

relationship exists between the entities.

7.2 Approval for Identity of Interest Subcontractors If there is an identity of interest between the mortgagor and general contractor, then any

subcontractor, supplier, or lessor having an identity of interest with the general contractor is

considered as having an identity of interest with the mortgagor.

Identity of interest subcontractors must seek written approval from CDA during the

underwriting phase prior to initial closing. For identity of interest subcontractors to be

acceptable for cost certification the following criteria must be satisfied:

(a) The subcontract approval must be obtained in writing from CDA, including any

percentages or amounts for profit and overhead. There must be a separate contract for profit

and overhead. There must be a separate contract for each trade. The subcontract must clearly

identity the work to be performed and must be on a cost-plus basis with a maximum upset

price;

(b) The subcontractor must demonstrate experience and capability in the

appropriate trade;

(c) The subcontracts must not be higher than the best prices which could be

obtained from outside sources, if available. When other sources are not available, the price

must not exceed that which is considered reasonable under the circumstances, in which case

the price is judged as if the builder performed the work for the actual cost, and a reasonable

fee was added;

(d) The subcontractor must demonstrate that it operates as a subcontractor

according to the customs of the particular trade. It must show control of its labor force, payroll

maintenance, use of tools and equipment. It cannot merely be a paper conduit for performance

by others;

(e) All identity of interest subcontractors must submit a cost certification for CDA’s

review and approval in the same format used by the General Contractor.

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7.3 Eligible Costs for Identity of Interest Relationship The approved cost for identity of interest contracts is the lesser of (1) the actual cost of the

subcontract plus an approved percentage allowance for profit and overhead, or (2) the

maximum contract upset price as approved by CDA. No profit and overhead for identity of

interest subcontract will be permitted without prior written approval from CDA. Any costs for

equipment owned by identity of interest subcontractors may not be included as an actual cost

of the subcontract.

All identity of interest material suppliers and equipment lessors must certify to their costs in the

same manner.

The CPA performing the audit is required to notify CDA if he becomes aware of any identity of

interest relationship that was not previously disclosed. Any such relationship must be disclosed

in the Mortgagor’s and/or Contractor’s Cost Certifications.

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COST CERTIFICATION GUIDE APPENDIX -

Appendix A: CDA Form 406 A B C D E F G H

Development Change Revised Previous This Total Percent Amount

Item Budget Orders Budget Draws Request To Date Complete Approved

C onst ruct ion o r R ehab il it at ion C ost s

Total Construct ion Cost $0 $0 # DIV/0! $0

Construct ion Cont ingency $0 $0 $0 $0 $0 # DIV/0! $0

Other $0 # DIV/0!

Fees R elat ed t o C onst ruct ion o r R ehab il it at ion

Architect 's Design $0 $0 $0 $0 $0 # DIV/0! $0

Arch Supervision & Reimb $0 $0 $0 $0 $0 # DIV/0! $0

Architect 's Reimbursables $0 $0 $0 $0 $0 # DIV/0! $0

Real Estate Attorney $0 $0 $0 $0 $0 # DIV/0! $0

Boundary/Topo Survey $0 $0 $0 $0 $0 # DIV/0! $0

Engineering $0 $0 $0 $0 $0 # DIV/0! $0

Appraisal $0 $0 $0 $0 $0 # DIV/0! $0

M arket Study $0 $0 $0 $0 $0 # DIV/0! $0

Environmental $0 $0 $0 $0 $0 # DIV/0! $0

Zoning/Site Plan Fees/PNA $0 $0 $0 $0 $0 # DIV/0! $0

FF&E $0 $0 $0 $0 $0 # DIV/0! $0

Other $0 $0 # DIV/0!

F inancing Fees and C harges

Construct ion Interest $0 $0 $0 $0 $0 # DIV/0! $0

Construct ion Inspect ion Fees $0 $0 $0 $0 $0 # DIV/0! $0

Green Building Consultant $0 $0 $0 $0 $0 # DIV/0! $0

Tit le and Recording $0 $0 $0 $0 $0 # DIV/0! $0

Financing (Soft Cost) Cont. $0 $0 $0 $0 $0 # DIV/0! $0

CDA Administrat ive Fee $0 $0 $0 $0 $0 # DIV/0! $0

CDA Closing Fee $0 $0 $0 $0 $0 # DIV/0! $0

Permanent Loan Fees $0 $0 $0 $0 $0 # DIV/0! $0

Permanent Loan Legal $0 $0 $0 $0 $0 # DIV/0! $0

Other $0 $0 # DIV/0!

A cquisit ion C ost s

Relocat ion Costs $0 $0 $0 $0 $0 # DIV/0! $0

Land & Building Acquisit ion $0 $0 $0 $0 $0 # DIV/0! $0

Acquisit ion Legal $0 $0 $0 $0 $0 # DIV/0! $0

Other $0 $0 # DIV/0!

D eveloper 's Fee

Developer's Fee $0 $0 $0 $0 $0 # DIV/0! $0

Other $0 $0 # DIV/0!

Synd icat ion R elat ed C ost s

Syndicat ion Legal/Due Dil $0 $0 $0 $0 $0 # DIV/0! $0

Addit ional Syndicat ion Legal $0 $0 $0 $0 $0 # DIV/0! $0

Partnership Organizat ional Fee $0 $0 $0 $0 $0 # DIV/0! $0

Partnership M anagement Fee $0 $0 $0 $0 $0 # DIV/0! $0

Tax Credit Applicat ion Fee $0 $0 $0 $0 $0 # DIV/0! $0

Tax Credit Allocat ion Fee $0 $0 $0 $0 $0 # DIV/0! $0

Tax Credit Reservat ion Fee $0 $0 $0 $0 $0 # DIV/0! $0

Account ing/Audit ing Fee $0 $0 $0 $0 $0 # DIV/0! $0

Other $0 $0 # DIV/0!

Guarant ees and R eserves

Lease Up/M arket ing Reserve $0 $0 $0 $0 $0 # DIV/0! $0

Operat ing Reserve $0 $0 $0 $0 $0 # DIV/0! $0

O & M Holdback Reserve $0 $0 $0 $0 $0 # DIV/0! $0

Services Escrow $0 $0 $0 $0 $0 # DIV/0! $0

Real Estate Taxes Paid at Closing $0 $0 $0 $0 $0 # DIV/0! $0

Guarantee Fee $0 $0 $0 $0 $0 # DIV/0! $0

Other $0 $0 # DIV/0!

TOTA L $0 $0 $0 $0 $0 $0 # DIV/0! $0

SOU R C ES $0

Equity RJTCF $0 $0 $0 $0 $0 # DIV/0! $0

CDA HOM E $0 $0 $0 $0 $0 # DIV/0! $0

Bonneville M ortgage 538 Loan $0 $0 $0 $0 $0 # DIV/0! $0

Deferred Developer's Fee $0 $0 $0 $0 $0 # DIV/0! $0

Dev Equity RH Holdback & OM Res $0 $0 $0 $0 $0 # DIV/0! $0

Income from Operat ions $0 $0 $0 $0 $0 # DIV/0! $0

Services Escrow $0 $0 $0 $0 $0 # DIV/0! $0

$0

TOTA L FU N D IN G SOU R C ES $0 $0 $0 $0 $0 $0 # DIV/0! $0

BY:

CDA:

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Appendix B: CDA Form 101

For actual forms, please visit the following link:

http://dhcd.maryland.gov/HousingDevelopment/Documents/rhf/CDA-Form-101.xlsx

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Appendix C: Example of Mortgagor’s Cost Certification

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Appendix D: Example of Independent Auditor’s Report

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Appendix E: CDA Form 202 Date:

USES OF FUNDSTOTAL DEVELOPMENT COSTS

Construction or Rehabilitation Costs

Type of Uses Percentage

Total

Budgeted

Cost

Acquisition

Basis*

Construction

Basis* Not in Basis*

01 Net Construction Costs $

02 General Requirements

03 Builder's Profit

04 Builder's General Overhead

05 Bond Premium

06 Other

07 Total Construction Contract $ $ $

08 Construction Contingency

09 Total Construction Costs $ $ $ $

Fees Related to Construction or Rehabilitation

Type of Uses Percentage

Total

Budgeted

Cost

Acquisition

Basis*

Construction

Basis* Not in Basis*

10 Architect's Design Fee $ $ $

11 Architect's Supervision Fee

12 Architect Reimbursable Additional Design

13 Real Estate Attorney

14 Civil Engineering Fee

15 Marketing

16 Surveys

17 Soil Borings

18 Appraisal

19 Market Study

20 Environmental Report

21 Tap Fees

22 Other:

23 Total Fees $ $ $ $

Financing Fees and Charges

Type of Uses

Total

Budgeted

Cost

Acquisition

Basis*

Construction

Basis* Not in Basis*

24 Construction Interest $ $ $

25 Real Estate Taxes

26 Insurance Premium

27 Mortgage Insurance Premium

28 Title and Recording

29 Financing (soft cost) Contingency

30 CDA Administrative Fee

31 CDA Closing Fee

32 Other Lenders' Origination Fees (non-syndication only)

33 Other Lenders' Legal Fees (non-syndication only)

34 Bond Issuance Costs

36 Other

37 Total Financing Fees and Charges $ $ $ $

* Complete for Tax Credit Applications Only

Acquisition Costs

Type of Uses

Total

Budgeted

Cost

Acquisition

Basis*

Construction

Basis* Not in Basis*

38 Building Acquisition $ $

39 Land Acquisition

40 Special Assessment

41 Carrying Charges

42 Relocation Costs

43 Off-Site Improvements

44 Other

45 Total Acquisition Costs $ $ $ $

46 Total Development Costs (TDC) $ $ $ $

OTHER USES OF FUNDS

Developer's Fee

Type of Uses

Total

Budgeted

Cost

Acquisition

Basis*

Construction

Basis* Not in Basis*

47 Fee on Non-Acquisition Costs (calculate below) $ $

48 Fee on Acquisition Costs (calculate below)

49 Total Developer's Fee ($2.5 million maximum) $ $ $ $

Syndication Related Costs

Type of Uses

Total

Budgeted

Cost

Acquisition

Basis*

Construction

Basis* Not in Basis*

50 Syndication Fee $ $ $

51 Legal (syndication only)

52 Bridge Loan Fees

53 Bridge Loan Interest

54 Organizational Costs

55 Tax Credit Application Fee

56 Tax Credit Allocation Fee

57 Tax Credit Reservation Fee

58 Accounting and Auditing Fee

59 Partnership Management Fee

60 Other

61 Total Syndication Related Costs $ $ $ $

Guarantees and Reserves (funded amounts only)

Type of Uses

Total

Budgeted

Cost

Acquisition

Basis*

Construction

Basis* Not in Basis*

62 Construction Guarantee

63 Operating Reserve

64 Rent-up Reserve

65 Negative Arbitrage

66 Other

67 Total Guarantees and Reserves $ $

68 Total Uses of Funds $ $ $ $

* Complete for Tax Credit Applications Only

MAXIMUM DEVELOPER'S FEE

Fee on Non-acquisition Costs

Fee on Costs

Over $10

Million

Fee on Costs

$10 Million

or Less

Total Development Costs (from line 46 above) $

Less Acquisition Costs (from line 45 above)

Less Construction Contingency (from line 08 above )

Less Financing (Soft Cost) Contingency (from line 28 above )

Non-acquisition Costs

Lesser of $10,000,000 or Non-acquisition Costs (enter on both lines)

Non-acquisition Fee Basis

Fee Percentage 10% 15%

Fee on Non-acquisition Costs $ $ Total = $

Fee on Acquisition Costs

Acquisition Costs (from line 45 above) $

Lesser of $10,000,000 or Acquisition Costs (enter on both lines)

Acquisition Fee Basis

Fee Percentage 5% 10%

Fee on Acquisition Costs $ $ Total = $

Total Developer's Fee (Fee on Non-acquisition Costs + Fee on Acquisition Cost) $

See Guide, Section 4.8.8.3 for Limitations on Developer's Fees

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Appendix F: CDA Form 212

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Appendix G: CDA Form 215